Business & Professions Code 25662 BP – Minor in Possession of Alcohol

Business and Professions Code 25662 BP makes it illegal for a minor to be in possession of alcohol in a public place. Specifically, persons under the age of 21 may not possess alcohol while

1. on any street or highway or
2. at any place open to the public.

Note that law enforcement officers will often write the citation as 25662 BP or 25663 BPC as abbreviations for the California Business and Professions Code.

The language of the code section states that:

25662. (a) Except as provided in Section 25667 or 25668, any person under 21 years of age who possesses any alcoholic beverage on any street or highway or in any public place or in any place open to the public is guilty of a misdemeanor and shall be punished by a fine of two hundred fifty dollars ($250) or the person shall be required to perform not less than 24 hours or more than 32 hours of community service during hours when the person is not employed or is not attending school. A second or subsequent violation shall be punishable as a misdemeanor and the person shall be fined not more than five hundred dollars ($500), or required to perform not less than 36 hours or more than 48 hours of community service during hours when the person is not employed or is not attending school, or a combination of fine and community service as the court deems just. It is the intent of the Legislature that the community service requirements prescribed in this section require service at an alcohol or drug treatment program or facility or at a county coroner’s office, if available, in the area where the violation occurred or where the person resides. This section does not apply to possession by a person under 21 years of age making a delivery of an alcoholic beverage in pursuance of the order of a parent, responsible adult relative, or any other adult designated by the parent or legal guardian, or in pursuance of employment. That person shall have a complete defense if they were following, in a timely manner, the reasonable instructions of a parent, legal guardian, responsible adult relative, or adult designee relating to disposition of the alcoholic beverage.

Examples

Scenarios we commonly see that would result in minor in possession charges (MIP charges) include:

• a 17-year-old and sneaking beer into an amusement park
• a 20-year-old bringing hard alcohol to the beach with friends
• two 18-year-olds going for a walk on a neighborhood sidewalk with mixed drinks

Penalties

Minor in public possession of alcohol	California penalties
First conviction	Infraction: $250 or 24-32 hours of community service
Subsequent conviction	Misdemeanor: Up to $500 and/or 36-48 hours of community service

Luckily, there are several legal defenses that we can raise if you are accused of being a minor with alcohol under the legal drinking age.

In this article, our California criminal defense attorneys will highlight the following about minor in possession laws (MIP laws):

• 1. What are the rules as to minors with alcohol in public?
• 2. Are there defenses to a 25662 BP charge?
• 3. What are the penalties?
• 4. Are there related offenses?
• Additional resources

1. What are the rules as to minors with alcohol in public?

A prosecutor must prove three facts to show that you are violating 25662 BPC by being a minor in possession (MIP). These are:

1. You were under the age of 21 (at the time of the incident);
2. You possessed an alcoholic beverage; and,
3. You were on a street, highway, public place, or a place open to the public.

Note that while “public place” and a “place open to the public” seem like the same thing, there is a slight difference between the two.

A “public place” is a place that is always open to the public. Examples are:

• a beach, or
• a sidewalk.

A “place open to the public” refers to private property that the public may use for some purpose. Examples include:

• an amusement park, or
• a shopping center.

2. Are there defenses to a 25662 BP charge?

Here at Shouse Law Group, we have represented literally thousands of young people charged with alcohol crimes, including 25662 BP. In our experience, the following three defense have proven very effective with prosecutors and judges in California.

1. You followed your parent’s instructions;
2. You were not in public; and/or
3. You are immune from prosecution.

Other potential defenses involve law enforcement misconduct, such as a police officer coercing a confession. Note that it is not a defense that you never engaged in underage drinking.

You followed your parent’s instructions

You have a complete defense to BP 25662(a) charges if you possessed alcohol while following the reasonable instructions of your:

• parent,
• legal guardian,
• responsible adult relative, or
• adult designee.²

This is considered an “affirmative defense” in that you are admitting alcohol possession, but the possession was justified. From what we have seen, the sworn testimony of one parent is usually sufficient to get the case dropped.

You were not in public

You cannot be convicted of being a minor in public possession of alcohol if you were in a private location, such as your home. In these cases, we rely on the following evidence to show you were not in public when you possessed the alcohol:

• your phone’s GPS records
• recorded communications between you and others
• eyewitness accounts
• videos or photos

As long as the prosecution lacks sufficient evidence to prove you guilty beyond a reasonable doubt, you committed no crime.

You are immune from prosecution

In a specific type of case, we can claim that you cannot be prosecuted for alcohol possession because of Business and Professions Code 25667. This statute states that you are immune from criminal prosecution if you:

• called 911 and reported that you (or another person) needed medical help due to alcohol consumption;
• were the first person to make the emergency report; and,
• remained on the scene until medical assistance arrived.³

The purpose of this law is to encourage people to call for help rather than risk someone dying from alcohol poisoning. Once we show prosecutors you did the responsible thing by calling and cooperating with authorities, you should not face any charges for underage possession of alcohol in public.

3. What are the penalties?

A first-time violation of BPC 25662 is treated as an infraction.⁴ The offense is punishable by:

• a fine of $250, or
• 24-32 hours of community service.⁵

A second or subsequent violation is charged as a misdemeanor. The offense is punishable by:

• a maximum fine of $500, and/or
• 36-48 hours of community service.

If you are under 18, you would be prosecuted in juvenile court and face delinquency adjudications instead of criminal convictions.

4. Are there related offenses?

Underage DUI – VC 23140

Vehicle Code 23140 VC makes it a crime for anyone under 21 to drive with a BAC of .05% or higher.

You violate VC 23140 if:

1. you are under the age of 21 and drive a vehicle;
2. at the time of driving, you are under the influence of or affected by consumption of an alcoholic beverage; and,
3. your blood alcohol content (“BAC”) when you drive is 0.05% or greater.⁶

Underage driving under the influence is an infraction. The offense is punishable by:

• a one-year driver’s license suspension/revocation of driving privileges (for a first offense),⁷
• a fine of $100 (for a first offense),⁸ and
• a mandatory alcohol education program of three months or longer (if you are over 18 years of age).⁹

Selling or furnishing alcohol to a minor – BPC 25658

Business and Professions Code 25658 makes it a misdemeanor in California to sell or furnish alcohol to a minor.

Under BPC 25658, it is a crime to:

1. furnish (that is, sell, provide or give), or causing to be sold, furnished, or given away, any alcoholic beverage to a person under the age of 21; or,
2. being under 21 and either:
   • purchasing an alcoholic beverage, or consuming an alcoholic beverage in a place where alcohol is sold; or,
   • being an on-sale licensee and permitting a person who is under 21 to consume an alcoholic beverage on the premises, even if you do not have actual knowledge that the individual is under 21 years of age.¹⁰

A violation of BPC 25658 is charged as a misdemeanor. The penalties for furnishing alcohol to a minor vary depending on the exact circumstances of a case. Penalties, though, may include substantial fines and imprisonment in the county jail.

Cell phone tickets for minor drivers – VC 23124

Pursuant to California Vehicle Code 23124 VC, if you are a minor in California, you cannot drive a vehicle while using a wireless telephone or an electronic device.

VC 23124 (b) states:

[persons under the age of 18] shall not drive a motor vehicle while using a wireless telephone or an electronic wireless communications device, even if equipped with a hands-free device.¹¹

“Electronic wireless communications device” includes, but is not limited to, a broadband personal communication device, specialized mobile radio device, handheld device or laptop computer with mobile data access, pager, and two-way messaging device.¹²

The penalty for violating VC 23124 is a base fine of $20.00 for a first offense and $50.00 for each offense thereafter.¹³

Please note that the above dollar amounts are the base fines. The actual amount of a ticket will be significantly greater because of fees and assessments.

Additional resources

If you are a young person struggling with alcoholism, refer to the following for help:

• Teen Alcohol Abuse & Treatment Guide – Information and resources by American Addiction Centers.
• Alcoholics Anonymous – 12-step program to overcome alcoholism.
• Underage Drinking – Fact sheet by the Centers for Disease Control and Prevention (CDC).
• Get the Facts About Underage Drinking – Statistics provided by the National Institute on Alcohol Abuse and Alcoholism.
• SAMHSA’s National Helpline – 24/7 treatment referral and information service.

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